US export rules when reselling data center GPUs

This guide is a map of public rules, not advice for your transaction. Export rules change, and they depend on the chip, the buyer, the destination, and the end use. Consult counsel before you ship, reexport, or release a GPU to a party you do not already know. BreezeWish is a venue for business buyers and sellers in the United States. It is not your exporter of record and it does not clear licenses.

What 3A090 is

The Commerce Control List includes ECCN 3A090 for specified integrated circuits and related items used in advanced computing. The text of the entry, including the performance thresholds and the related notes, is in the Export Administration Regulations as published in the Electronic Code of Federal Regulations [S1]. Many data center GPUs that buyers call H100, H200, A100, B200, or B300 class are discussed in the trade under that entry. Whether a particular board meets the control is a question for counsel reading the current text and the part's specifications. Do not treat this paragraph as a classification of your serial number.

Who the buyer can be, on this market

BreezeWish hardware listings are for delivery in the United States and for US business buyers. A non-US delivery is rejected by the market's jurisdiction checks. That product rule is narrower than export law. Even a domestic resale can create an export problem if the hardware is later diverted, if the end user is a restricted party, or if you had reason to know about a prohibited end use. Screening the party in front of you is not the whole job if you learn the hardware is headed somewhere else.

The Entity List

The Entity List is Supplement No. 4 to Part 744 of the EAR. Section 744.16 is the rule that places parties on that supplement and states the license requirement [S2]. It names parties subject to specific license requirements. BIS updates it. A name that was clear last quarter may not be clear now. Restricted-party screening is something the buyer completes before a deal proceeds on BreezeWish. It is not a substitute for your own screen if you are the exporter or the seller handing over controlled hardware. If a hit comes back, stop and ask counsel. Do not "ship and sort it out."

End use and red flags

The EAR also restricts certain end uses and end users, including military and weapons programs described in Part 744, beyond the Entity List itself. BIS publishes Know Your Customer guidance and a list of red flags in Supplement No. 3 to Part 732 [S3]. A buyer who is vague about the end use, who will not say where the hardware will sit, who wants to pay in a way that hides the parties, or who asks you to mislabel the crate matches the kind of circumstance that guidance tells exporters to investigate. Those are reasons to walk away and to call counsel, instead of rewriting the commercial invoice. Read the pre-buy checks before you treat a vague lot as ready to ship.

You do not need a legal conclusion to refuse a deal. You need a listing that says the hardware stays with a US business whose end use you understand.

What to write down

Keep the buyer's legal name, the address the freight actually went to, the serial numbers, and the end-use statement the buyer signed. BreezeWish asks buyers to complete business verification, restricted-party screening, and an end-user certification before a deal proceeds. Those steps are the market's gate. They do not replace your records if a regulator asks you what you knew.

Do not write "no license required" on a listing because a blog said so. Classification and license exceptions are counsel's work, against the current EAR [S1].

Servers, boards, and spare cards

A loose GPU, an HGX baseboard, and a full rack can be described differently on a shipping document, and the control can follow the integrated circuit inside. Pulling GPUs out of a server does not, by itself, take them out of 3A090. Servers and systems that contain those integrated circuits can fall under ECCN 4A090, the Commerce Control List entry for computers and electronic assemblies containing integrated circuits that meet the 3A090 limits [S4]. Ask counsel which description matches the thing on the truck.

Foreign persons and deemed exports

A release of controlled technology to a foreign person in the United States can be treated as an export under the EAR. A resale of hardware is not the same event as a release of design files, but a deal that includes firmware tools, developer kits, or detailed performance tuning notes can raise the question. If your lot is more than the metal, mention that to counsel.

What BreezeWish will not do

BreezeWish does not file license applications, does not classify your ECCN, and does not hold the hardware while you decide. The contract is between the buyer and the seller. If the answer from counsel is "do not ship," the listing should come down. There is no marketplace override.